AB 2062, as amended, Lopez. CalWORKs: incomebegin insert or household compositionend insert reporting: benefit redetermination.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using a combination of federal, state, and county funds. Existing law requires the State Department of Social Services to establish an income reporting threshold for CalWORKs recipients, including CalWORKs assistance units that do not include an eligible adult, and requires a recipient to notify the county, within 10 days, if the recipient’s household income exceeds the reporting threshold.begin insert Existing law requires a CalWORKs assistance unit that does not include an eligible adult to also notify the county, within 10 days, of any change in the recipient’s household composition.end insert
Under existing law, if the county determines that the recipient is ineligible for CalWORKs or the recipient’s grant amount should be reduced based on an increase inbegin delete income,end deletebegin insert income or a change in household composition,end insert the county is required to discontinue the recipient from CalWORKs or reduce the recipient’s grant, with timely and adequate notice,begin delete effective the following month.end deletebegin insert as specified.end insert Existing law provides that current and future grants may be reduced because of prior overpayments.
This billbegin delete would, for recipients of CalWORKS and CalWORKs assistance units that do not include an eligible adult,end deletebegin insert
wouldend insert prohibit the county from assessing an overpayment for the month following a change in incomebegin insert
for a recipient of CalWORKs, or following a change in household composition for a CalWORKs assistance unit that does not include an eligible adult,end insert if the recipient has reported the change and the county was unable, before the first of the month following the change inbegin delete income,end deletebegin insert income or household composition,end insert to provide 10 days’ notice of the termination or reduction in benefits. By increasing the administrative duties of counties, this bill would impose a state-mandated local program.
Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 11265.3 of the Welfare and Institutions
2Code is amended to read:
(a) In addition to submitting the semiannual report
4form as required in Section 11265.1, the department shall establish
5an income reporting threshold for recipients of CalWORKs.
6(b) The CalWORKs income reporting threshold shall be the
7lesser of the following:
P3 1(1) Fifty-five percent of the monthly income for a family of
2three at the federal poverty level, plus the amount of income last
3used to calculate the recipient’s monthly benefits.
4(2) The amount likely to render the recipient ineligible for
5CalWORKs benefits.
6(3) The amount likely to render the recipient ineligible for
7federal Supplemental Nutrition Assistance Program benefits.
8(c) A recipient shall report to the county, orally or in writing,
9within 10 days, when any of the following occurs:
10(1) The monthly household income exceeds the threshold
11established pursuant to this section.
12(2) The household address has changed. The act of failing to
13report an address change shall not, in and of itself, result in a
14reduction in aid or termination of benefits.
15(3) An incidence of an individual fleeing prosecution or custody
16or confinement, or violating a condition of probation or parole, as
17specified in Section
11486.5.
18(d) At least once per semiannual reporting period, counties shall
19inform each recipient of all of the following:
20(1) The amount of the recipient’s income reporting threshold.
21(2) The duty to report under this section.
22(3) The consequences of failing to report.
23(e) When a recipient reports income exceeding the reporting
24threshold, the county shall redetermine eligibility and the grant
25amount as follows:
26(1) If the recipient reports the increase in income for the first
27through fifth months of a current semiannual reporting period, the
28county
shall verify the report and determine the recipient’s financial
29eligibility and grant amount.
30(A) If the recipient is determined to be financially ineligible
31based on the increase in income, the county shall discontinue the
32recipient with timely and adequate notice, effective at the end of
33the month in which the income was received.
34(B) If it is determined that the recipient’s grant amount should
35decrease based on the increase in income, the county shall reduce
36the recipient’s grant amount for the remainder of the semiannual
37reporting period with timely and adequate notice, effective the
38first of the month following the month in which the income was
39received.
P4 1(C) If a recipient has reported a change in income in accordance
2
with subdivision (c), an overpayment shall not be assessed for the
3following month if the county was unable to provide 10 days’
4notice of the termination or reduction in benefits before the first
5of the month following the month in which the change occurred.
6(2) If the recipient reports an increase in income for the sixth
7month of a current semiannual reporting period, the county shall
8not redetermine eligibility for the current semiannual reporting
9period, but shall consider this income in redetermining eligibility
10and the grant amount for the following semiannual reporting period,
11as provided in Sections 11265.1 and 11265.2.
12(f) Counties shall act upon changes in income voluntarily
13reported during the semiannual reporting period that result in an
14increase in benefits, only
after verification specified by the
15department is received. Reported changes in income that increase
16the grants shall be effective for the entire month in which the
17change is reported. If the reported change in income results in an
18increase in benefits, the county shall issue the increased benefit
19amount within 10 days of receiving required verification.
20(g) (1) When a decrease in gross monthly income is voluntarily
21reported and verified, the county shall recalculate the grant for the
22current month and any remaining months in the semiannual
23reporting period pursuant to Sections 11265.1 and 11265.2 based
24on the actual gross monthly income reported and verified from the
25voluntary report for the current month and the gross monthly
26income that is reasonably anticipated for any future months
27remaining in the semiannual reporting
period.
28(2) When the anticipated income is determined pursuant to
29paragraph (1), and a grant amount is calculated based upon the
30new income, if the grant amount is higher than the grant currently
31in effect, the county shall revise the grant for the current month
32and any remaining months in the semiannual reporting period to
33the higher amount and shall issue any increased benefit amount
34as provided in subdivision (f).
35(h) During the semiannual reporting period, a recipient may
36report to the county, orally or in writing, any changes in income
37and household circumstances that may increase the recipient’s
38grant. Except as provided in subdivision (i), counties shall act only
39upon changes in household composition voluntarily reported by
40the recipients during the semiannual reporting
period that result
P5 1in an increase in benefits, after verification specified by the
2department is received. If the reported change in household
3composition is for the first through fifth month of the semiannual
4reporting period and results in an increase in benefits, the county
5shall recalculate the grant effective for the month following the
6month in which the change was reported. If the reported change
7in household composition is for the sixth month of a semiannual
8reporting period, the county shall not redetermine the grant for the
9current semiannual reporting period, but shall redetermine the
10grant for the following reporting period as provided in Sections
1111265.1 and 11265.2.
12(i) During the semiannual reporting period, a recipient may
13request that the county discontinue the recipient’s entire assistance
14unit or any individual
member of the assistance unit who is no
15longer in the home or is an optional member of the assistance unit.
16If the recipient’s request is verbal, the county shall provide a 10-day
17notice before discontinuing benefits. If the recipient’s request is
18in writing, the county shall discontinue benefits effective the end
19of the month in which the request is made, and simultaneously
20issue a notice informing the recipient of the discontinuance.
21(j) (1) This section shall become operative on April 1, 2013. A
22county shall implement the semiannual reporting requirements in
23accordance with the act that added this section no later than October
241, 2013.
25(2) Upon implementation described in paragraph (1), each
26county shall provide a certificate to the director certifying that
27semiannual
reporting has been implemented in the county.
28(3) Upon filing the certificate described in paragraph (2), a
29county shall comply with the semiannual reporting provisions of
30this section.
Section 11265.47 of the Welfare and Institutions Code
32 is amended to read:
(a) The department shall establish an income
34reporting threshold for CalWORKs assistance units described in
35subdivision (a) of Section 11265.45.
36(b) The income reporting threshold described in subdivision (a)
37shall be the lesser of the following:
38(1) Fifty-five percent of the monthly income for a family of
39three at the federal poverty level, plus the amount of income last
40used to calculate the recipient’s monthly benefits.
P6 1(2) The amount likely to render the recipient ineligible for
2federal Supplemental Nutrition Assistance Program benefits.
3(3) The amount likely to render the recipient ineligible for
4CalWORKs benefits.
5(c) A recipient described in subdivision (a) of Section 11265.45
6shall report to the county, orally or in writing, within 10 days,
7when any of the following occurs:
8(1) The monthly household income exceeds the threshold
9established pursuant to this section.
10(2) Any change in household composition.
11(3) The household address has changed.
12(4) An incidence of an individual fleeing prosecution or custody
13or confinement, or violating a condition or probation or
parole, as
14specified in Section 11486.5.
15(d) When a recipient described in subdivision (a) of Section
1611265.45 reports income or a household composition change
17pursuant to subdivision (c), the county shall redetermine eligibility
18and grant amounts as follows:
19(1) If the recipient reports an increase in income or household
20composition change for the first through 11th months of a year,
21the county shall verify the report and determine the recipient’s
22financial eligibility and grant amount.
23(A) If the recipient is determined to be financially ineligible
24based on the increase in income or household composition change,
25the county shall discontinue the recipient with timely and adequate
26notice, effective at the end of the
month in which the change
27occurred.
28(B) If it is determined that the recipient’s grant amount should
29decrease based on the increase in income, or increase or decrease
30based on a change in household composition, the county shall
31increase or reduce the recipient’s grant amount for the remainder
32of the year with timely and adequate notice, effective the first of
33the month following the month in which the change occurred.
34(C) If a recipient has reported a change in incomebegin insert or household
35compositionend insert in accordance with subdivision (c), an overpayment
36shall not be assessed for the following month if the county was
37unable to providebegin delete 10-days’end deletebegin insert
10 daysend insertbegin insert’end insert notice of the termination or
38reduction in benefits before the first of the month following the
39month in which the change occurred.
P7 1(2) If the recipient reports an increase in income for the 12th
2month of a grant year, the county shall verify this report and
3consider this income in redetermining eligibility and the grant
4amount for the following year.
5(e) During the year, a recipient described in subdivision (a) of
6Section 11265.45 may report to the county, orally or in writing,
7any changes in income that may increase the recipient’s grant.
8Increases in the grant that result from reported changes in income
9shall be effective for the
entire month in which the change is
10reported and any remaining months in the year. If the reported
11change in income results in an increase in benefits, the county shall
12issue the increased benefit amount within 10 days of receiving
13required verification.
14(f) During the year, a recipient described in subdivision (a) of
15Section 11265.45 may request that the county discontinue the
16recipient’s entire assistance unit or any individual member of the
17assistance unit who is no longer in the home or is an optional
18member of the assistance unit. If the recipient’s request is verbal,
19the county shall provide a 10-day notice before discontinuing
20benefits. If the recipient’s request is in writing, the county shall
21discontinue benefits effective the end of the month in which the
22request is made, and simultaneously shall issue a notice informing
23the
recipient of the discontinuance.
24(g) This section shall become operative on the first day of the
25first month following 90 days after the effective date of the act
26that added this section, or October 1, 2012, whichever is later.
No appropriation pursuant to Section 15200 of the
28Welfare and Institutions Code shall be made for purposes of this
29act.
If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.
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